New Mexico Administrative Code
Title 1 - GENERAL GOVERNMENT ADMINISTRATION
Chapter 4 - STATE PROCUREMENT
Part 1 - PROCUREMENT CODE REGULATIONS
Section 1.4.1.70 - CANCELLATION OF SOLICITATIONS OR REJECTION OF ALL BIDS OR PROPOSALS
Universal Citation: 1 NM Admin Code 1.4.1.70
Current through Register Vol. 35, No. 18, September 24, 2024
A. Prior to opening:
(1) As used in this section, "opening" means
the date set for opening of bids or receipt of proposals.
(2) Prior to opening, a solicitation may be
canceled in whole or in part when the state purchasing agent or central
purchasing office makes a written determination that such action is in the
state's best interest for reasons including but not limited to:
(a) the services, construction, or items of
tangible personal property are no longer required;
(b) the using agency no longer can reasonably
expect to fund the procurement; or
(c) proposed amendments to the solicitation
would significantly change the nature of the procurement.
(3) When a solicitation is canceled prior to
opening, notice shall be sent to all businesses solicited. The notice shall:
(a) identify the solicitation;
(b) briefly explain the reason for
cancellation; and
(c) where
appropriate, explain that an opportunity will be given to compete on any
resolicitation or any future procurements of similar services, construction, or
items of tangible personal property.
B. After opening:
(1) After opening but prior to award, all
bids or proposals may be rejected in whole or in part when the state purchasing
agent or central purchasing office makes a written determination that such
action is in the state's best interest for reasons including but not limited
to:
(a) all of the bids and proposals are
nonresponsive;
(b) the services,
construction, or items of tangible personal property are no longer
required;
(c) ambiguous or
otherwise inadequate specifications were part of the solicitation;
(d) the solicitation did not provide for
consideration of all factors of significance to the using agency;
(e) prices exceed available funds and it
would not be appropriate to adjust quantities to come within available
funds;
(f) all otherwise acceptable
bids or proposals received are at clearly unreasonable prices; or
(g) there is reason to believe that the bids
or proposals may not have been independently arrived at in open competition,
may have been collusive, or may have been submitted in bad faith.
(2) A notice of rejection should
be sent to all businesses that submitted bids or proposals, and it shall
conform to Paragraph (3) of Subsection A of this section.
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